VARUN THAKORE Vs. D.P. THAKORE

JUDGEMENT

(1.) THE present suit has been instituted by the plaintiff against the defendants seeking for a decree for partition and permanent injunction in respect of the property bearing No. 269, Daya Nand Vihar, Vikas Marg, Delhi.

(2.) THE case pleaded in the plaint is that the defendant No. 1 inherited some ancestral property and the sale proceeds of the said ancestral property were invested by the defendant No. 1 in acquiring a plot bearing No. 269 in the name of defendant No. 2, the wife of the defendant No. 1 and the mother of the plaintiffs in or about the year 1980. It has been further pleaded that construction on the said plot was started in the year 1989 and out of the joint efforts and contribution of the parties construction was raised on the said plot and a two storeyed building was constructed. Therefore, the case pleaded in the plaint is that the suit property is a joint family property and that the plaintiffs have shares in the aforesaid suit property.

(3.) THE defendant No. 1 has also filed the written statement contending inter alia that the funds in raising the construction of the suit property were invested out of the sale proceeds of the ancestral property and that the suit property is a joint family property.